The classification of goods and services when applying for trademark registration in Vietnam will be based on the Vietnamese version of the Nice Classification 11th Edition that adopted by the IP Office of Vietnam (IPVN) since January 01, 2021.
Determining the class(es) of goods and services is determining the scope of protection of the applied trademark and the fees that the applicant needs to pay. Any failure in the classification of goods and services may result in formality refusal and thus addition payment and examination time for the IPVN to reclassify.
Therefore, the following notes should be kept in mind for the smooth and effective trademark registration in Vietnam:
1. General notes on classification of goods and services of trademark registration in Vietnam
- Any item of goods/services listed in Alphabet and under specific code described in the Nice Classification will be accepted smoothly in the examination as to form process;
Vice versa, the “GENERAL REMARKS” in the Nice Agreement and other points of view of Examiners will be applied for the examination.
2. Specific notes on classification of goods and services of trademark registration in Vietnam
2.1. For vague items
Under Vietnamese Trademark Law, the official fees will be calculated based on the number of classes and additional items of goods/services in each class. The extra fee will be incurred for each additional Class beyond the 2nd and each additional item of goods/services beyond the 6th in each Class.
For purpose of estimating fees and defining the scope of protection, “Class Headings” in the Nice Classification and items that are considered general or vague will not be accepted and must be clarified as a specific item.
2.2. For the new or unpopular goods/services
Since the Vietnamese version of the Nice Classification is applied as mentioned in the beginning, therefore, to assure that the Vietnamese translation of the designated goods/services is correct, it is recommended to provide us with any additional explanation about the new/unpopular items (such as functions, use purposes, or images), so that we may have more clues to get the most exact description for the designated goods.
2.3. Scope of protection of trademark registration in Vietnam
In case the applicant has a tight budget but wishes to get a broader scope of trademark protection in Vietnam as well as minimize the risk and obtain more strong measures in dealing with infringement, it is advisable to pay attention to the following notes:
- Filing trademark application in Vietnam for exact and specific items of goods/services, which they are actually manufacturing or trading; AND
- Designating for other general goods/services as large as possible covering or nearby their manufacturing/trading items, if possible.
In addition to the above-mentioned remarkable notes, there are still many different cases that require a lot of practical experience in the classification of goods and services in Vietnam. In order to ensure the smooth classification and application processes, please kindly contact us to receive the most effective advices for trademark registration in Vietnam via our email address: firstname.lastname@example.org
More information about trademark protection in Vietnam can be found HERE